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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 399 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 399

  To require the Secretary of Homeland Security to gain and maintain 
operational control of the international borders of the United States, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2015

Mr. McCaul (for himself, Mrs. Miller of Michigan, Mr. Sessions, Mr. Poe 
of Texas, Mr. Williams, Mr. Flores, Mr. Olson, Mr. Bishop of Utah, Ms. 
    McSally, Mr. Hurd of Texas, Mr. Culberson, Mr. Farenthold, Mr. 
    Ratcliffe, Mr. Carter of Texas, and Mr. Bucshon) introduced the 
    following bill; which was referred to the Committee on Homeland 
Security, and in addition to the Committees on Armed Services, Natural 
Resources, and Agriculture, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To require the Secretary of Homeland Security to gain and maintain 
operational control of the international borders of the United States, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Secure Our Borders 
First Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reports on current border security status.
Sec. 3. Operational control of the border.
Sec. 4. Establishment of Border Security Verification Commission.
Sec. 5. Required consequence.
Sec. 6. Tactical flexibility.
Sec. 7. Deployment of certain aviation assets to the southern land 
                            border.
Sec. 8. U.S. Customs and Border Protection officer and agent 
                            authorization.
Sec. 9. Office of Air and Marine flight hours.
Sec. 10. Air and Marine prioritization.
Sec. 11. Border Patrol flexibility.
Sec. 12. Prohibition on actions that impede border security on certain 
                            Federal land.
Sec. 13. Biometric exit data system.
Sec. 14. Northern border threat analysis.
Sec. 15. Operation Stonegarden program.
Sec. 16. Sale or donation of excess personal property for border 
                            security activities.
Sec. 17. Reimbursement of States for deployment of National Guard to 
                            the southern border.
Sec. 18. Definitions.
Sec. 19. Authorization of appropriations.

SEC. 2. REPORTS ON CURRENT BORDER SECURITY STATUS.

    (a) In General.--
            (1) Reports.--The Secretary of Homeland Security shall 
        submit to the appropriate congressional committees, the Border 
        Security Verification Commission (BSVC), and the Government 
        Accountability Office reports that assess and describe the 
        state of situational awareness and operational control along 
        the northern and southern borders of the United States. Such 
        reports shall include an identification of the high traffic 
        areas and the unlawful border crossing effectiveness rate for 
        each sector along the northern and southern borders of the 
        United States that are within the responsibility of the Border 
        Patrol.
            (2) Deadlines.--The reports required under paragraph (1) 
        shall be submitted as follows:
                    (A) The first such report shall be submitted by not 
                later than 30 days after the date of the enactment of 
                this Act.
                    (B) During the two-year period beginning on the 
                date of the submission of such first report, such 
                reports shall be submitted every 180 days.
                    (C) During the period beginning on the date that is 
                180 days after the date of the submission of last 
                report under subparagraph (B), such reports shall be 
                submitted every 360 days.
    (b) GAO Report.--Not later than 90 days after receiving the initial 
report required under subsection (a), the Comptroller General of the 
United States shall report to the appropriate congressional committees 
and the BSVC regarding the verification of the data and methodology 
used to determine high traffic areas and the unlawful border crossing 
effectiveness rate.

SEC. 3. OPERATIONAL CONTROL OF THE BORDER.

    (a) Securing the Border.--The Secretary of Homeland Security shall 
gain and maintain situational awareness, and operational control of 
high traffic areas, by the date that is not later than two years after 
the date of the enactment of this Act, and operational control and 
situational awareness along the southern land border of the United 
States by the date that is not later than five years after such date of 
enactment.
    (b) Required Capability Deployment.--The Secretary of Homeland 
Security, acting through the appropriate component of the Department of 
Homeland Security, shall, at a minimum, deploy to each sector or 
region, as the case may be, of the southern border, in a prioritized, 
risk-based manner to achieve situational awareness and operational 
control of the border the following additional capabilities:
            (1) San diego sector.--For the San Diego sector, the 
        following:
                    (A) Subterranean surveillance and detection 
                technologies.
                    (B) To increase coastal maritime domain awareness, 
                the following:
                            (i) Deployable, lighter than air surface 
                        surveillance equipment.
                            (ii) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (iii) Maritime patrol aircraft.
                            (iv) Coastal radar surveillance systems.
                            (v) Maritime signals intelligence 
                        capabilities.
                    (C) Ultralight aircraft detection capabilities.
                    (D) Advanced unattended surveillance sensors.
            (2) El centro sector.--For the El Centro sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter than air ground 
                surveillance equipment.
                    (C) Man-portable unmanned aerial vehicles.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
            (3) Yuma sector.--For the Yuma sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (C) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
            (4) Tucson sector.--For the Tucson sector, the following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Man-portable unmanned aerial vehicles.
                    (C) Tower-based surveillance technology.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Deployable, lighter than air ground 
                surveillance equipment.
            (5) El paso sector.--For the El Paso sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Ultralight aircraft detection capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (E) Deployable, lighter than air ground 
                surveillance equipment.
            (6) Big bend sector.--For the Big Bend sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter than air ground 
                surveillance equipment.
                    (C) Improved agent communications capabilities.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
            (7) Del rio sector.--For the Del Rio sector, the following:
                    (A) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (B) Improved communications capabilities.
                    (C) Improved maritime capabilities in the Amistad 
                Recreation Area.
                    (D) Advanced unattended surveillance sensors.
            (8) Laredo sector.--For the Laredo sector, the following:
                    (A) Maritime detection resources for Falcon Lake 
                region.
                    (B) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (C) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (D) Ultralight aircraft detection capability.
                    (E) Advanced unattended surveillance sensors.
            (9) Rio grande valley sector.--For the Rio Grande Valley 
        sector, the following:
                    (A) Deployable, lighter than air ground 
                surveillance equipment.
                    (B) Increased flight hours for aerial detection, 
                interdiction and monitoring operations capability.
                    (C) Ultralight aircraft detection capability.
                    (D) Advanced unattended surveillance sensors.
                    (E) Increased monitoring for cross-river dams, 
                culverts, footpaths.
            (10) Eastern pacific maritime region.--For the Eastern 
        Pacific Maritime region, the following:
                    (A) Increased cutter and boat hours and operation 
                platforms to conduct interdiction operations.
                    (B) Increased maritime signals intelligence 
                capabilities.
                    (C) To increase maritime domain awareness, the 
                following:
                            (i) Deployable, lighter than air surface 
                        surveillance equipment.
                            (ii) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (iii) Increased maritime aviation patrol 
                        hours.
                            (iv) Coastal radar surveillance systems.
                    (D) Increased operational hours for maritime 
                security components dedicated to joint counter-
                smuggling and interdiction efforts with other Federal 
                agencies, including the Joint Interagency Task Forces, 
                and the United States Coast Guard Deployable Law 
                Enforcement Teams.
            (11) Caribbean and gulf maritime region.--For the Caribbean 
        and Gulf Maritime region, the following:
                    (A) Increased cutter and boat hours and operation 
                platforms to conduct interdiction operations.
                    (B) Increased maritime signals intelligence 
                capabilities.
                    (C) Increased maritime domain awareness and 
                surveillance capabilities, including the following:
                            (i) Deployable, lighter than air surface 
                        surveillance equipment.
                            (ii) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (iii) Increased maritime aviation patrol 
                        hours.
                            (iv) Coastal radar surveillance systems.
                    (D) Increased operational hours for maritime 
                security components dedicated to joint counter-
                smuggling and interdiction efforts with other Federal 
                agencies, including the Joint Interagency Task Forces, 
                and the United States Coast Guard Tactical Law 
                Enforcement Teams.
    (c) Fencing and Infrastructure.--
            (1) New fencing.--Not later than 18 months after the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security shall construct, at a minimum, each of the following:
                    (A) Seven miles of double layer fencing in the 
                Border Patrol's San Diego sector in addition to such 
                fencing in existence as of the date of the enactment of 
                this Act.
                    (B) Ten miles of double layer pedestrian fencing in 
                the Border Patrol's Tucson sector in addition to such 
                fencing in existence as of the date of the enactment of 
                this Act.
                    (C) Ten miles of double layer pedestrian fencing in 
                the Border Patrol's Rio Grande Valley sector in 
                addition to such fencing in existence as of the date of 
                the enactment of this Act.
            (2) Fence repair and replacement.--Not later than 18 months 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall replace, at a minimum, each of the 
        following:
                    (A) Thirty-one miles of landing mat fencing with 
                bollard style fencing in the Border Patrol's San Diego 
                sector.
                    (B) Five miles of landing mat fencing with bollard 
                style fencing in the Border Patrol's El Centro sector.
                    (C) Three miles of landing mat fencing with bollard 
                style fencing in the Border Patrol's Yuma sector.
                    (D) Twenty-five miles of landing mat fencing with 
                bollard style fencing in the Border Patrol's Tucson 
                sector.
                    (E) Two miles of landing mat fencing with bollard 
                style fencing in the Border Patrol's El Paso sector.
            (3) Road construction.--Not later than 18 months after the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security shall complete, at a minimum, each of the following 
        road construction projects to allow greater access for the 
        Border Patrol:
                    (A) Seven miles of road construction in the Border 
                Patrol's San Diego sector.
                    (B) Ten miles of road construction in the Border 
                Patrol's El Centro sector.
                    (C) Sixteen miles of road construction in the 
                Border Patrol's Yuma sector.
                    (D) Fifty-four miles of road construction in the 
                Border Patrol's Tucson sector.
                    (E) One hundred ninety-two miles of road 
                construction in the Border Patrol's Big Bend sector.
                    (F) Two miles of road construction in the Border 
                Patrol's El Paso sector.
                    (G) Forty-two miles of road construction in the 
                Border Patrol's Del Rio sector.
                    (H) Sixty-five miles of road construction in the 
                Border Patrol's Laredo sector.
                    (I) Fifteen miles of road construction in the 
                Border Patrol's Rio Grande Valley sector.
            (4) Road maintenance.--Not later than 18 months after the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security shall complete, at a minimum, each of the following:
                    (A) Thirty-seven miles of road maintenance in the 
                Border Patrol's San Diego sector.
                    (B) One thousand two hundred miles of road 
                maintenance in the Border Patrol's Del Rio sector.
                    (C) Twenty-six miles of road maintenance in the 
                Border Patrol's Laredo sector.
                    (D) Ninety-four miles of road maintenance in the 
                Border Patrol's Rio Grande Valley sector.
            (5) New vehicle fence.--Not later than one year after the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security shall complete six miles of vehicle fencing in the 
        Border Patrol's Big Bend sector in addition to such fencing in 
        existence of as of the date of the enactment of this Act.
            (6) Vehicle fence replacement.--Not later than one year 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall replace five miles of vehicle fencing 
        with new vehicle fencing in the Border Patrol's Tucson sector 
        in addition to such fencing in existence as of the date of the 
        enactment of this Act.
            (7) Boat ramps.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall complete, at a minimum, the construction of each of the 
        following:
                    (A) Eight boat ramps in the Border Patrol's Del Rio 
                sector in addition to such ramps in existence as of the 
                date of the enactment of this Act.
                    (B) One boat ramp in the Border Patrol's Laredo 
                sector in addition to such ramps in existence as of the 
                date of the enactment of this Act.
                    (C) Twenty-one boat ramps in the Border Patrol's 
                Rio Grande Valley sector in addition to such ramps in 
                existence as of the date of the enactment of this Act.
            (8) Access gates.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security shall construct 34 access gates in the Border Patrol's 
        Rio Grande Valley sector in addition to such gates in existence 
        as of the date of the enactment of this Act.
            (9) Forward operating bases.--Not later than one year after 
        the date of enactment of this Act, the Secretary of Homeland 
        Security shall complete, at a minimum, construction of each of 
        the following:
                    (A) One forward operating base in the Border 
                Patrol's El Paso sector in addition to such bases in 
                existence as of the date of the enactment of this Act.
                    (B) Two forward operating bases in the Border 
                Patrol's Tucson sector in addition to such bases in 
                existence as of the date of the enactment of this Act.
                    (C) Three forward operating bases in the Border 
                Patrol's Big Bend sector in addition to such bases in 
                existence as of the date of the enactment of this Act.
                    (D) Two forward operating bases in the Border 
                Patrol's Del Rio sector in addition to such bases in 
                existence as of the date of the enactment of this Act.
                    (E) Two forward operating bases in the Border 
                Patrol's Laredo sector in addition to such bases in 
                existence as of the date of the enactment of this Act.
                    (F) Two forward operating bases in the Border 
                Patrol's Rio Grande Valley sector in addition to such 
                bases in existence as of the date of the enactment of 
                this Act.
            (10) Roads.--The roads referred to in paragraphs (3) and 
        (4) shall include border roads, patrol roads, access roads, and 
        Federal, State, local, and privately owned roads.
            (11) Minimum forward operating base requirements.--The 
        forward operating bases referred to in paragraph (9) shall be 
        equipped with each of the following:
                    (A) Perimeter security.
                    (B) Temporary detention space.
                    (C) An interview room.
                    (D) Water.
                    (E) Power.
                    (F) Adequate communications, including local area 
                network connectivity.
                    (G) Helicopter landing zone.
    (d) Carrizo Cane Eradication.--
            (1) Findings.--Congress makes the following findings:
                    (A) Carrizo cane is a non-native, invasive plant 
                growing along the Rio Grande River in Texas, with 
                heights of up to 27 feet tall.
                    (B) According to U.S. Customs and Border 
                Protection, ``the [Carrizo cane] plant causes serious 
                officer safety issues and operational concerns because 
                it hampers enforcement along the [Rio Grande] river. 
                The plant also provides concealment to criminals, drug 
                smugglers, illegal aliens, and potential terrorists who 
                could use it as an advantage to enter the Unites States 
                illegally. The obvious officer safety hazards created 
                by this situation are of grave concern to the Border 
                Patrol and need to be remedied''.
            (2) Eradication.--The Chief of the Border Patrol shall 
        coordinate with the heads of each relevant Federal and State 
        agency to eradicate, to the greatest extent practicable, the 
        Carrizo cane plant along the Rio Grande River.
    (e) Consultation.--The Secretary of Homeland Security shall consult 
with the governors of each southern border State, including southern 
border maritime States, representatives of the Border Patrol and U.S. 
Customs and Border Protection, and relevant Federal, State, local, and 
tribal agencies that have jurisdiction on the southern border, or in 
the maritime environment, to develop the operational plan required 
under subsection (f) and the metrics required under subsections (h), 
(i), (j), and (k).
    (f) Operational Plan.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall submit to the appropriate congressional committees, the 
        BSVC, and the Comptroller General of the United States a 
        comprehensive operational plan for each of the components of 
        the Department of Homeland Security responsible for border or 
        maritime security to gain and maintain situational awareness, 
        operational control of high traffic areas, and operational 
        control along the southern land border of the United States by 
        the dates, respectively, referred to in subsection (a).
            (2) Contents of plan.--The plan required under paragraph 
        (1) shall include the following:
                    (A) An assessment of principal border security 
                threats, including threats relating to the smuggling 
                and trafficking of humans, weapons, and illicit drugs.
                    (B) A description of the required capability 
                deployment under subsection (b).
                    (C) A plan to analyze and disseminate border 
                security and border threat information among the border 
                security components of the Department of Homeland 
                Security, and between the Department and other 
                appropriate Federal departments and agencies with 
                missions associated with the border.
                    (D) A plan to achieve situational awareness using 
                the capabilities deployed under subsection (b).
                    (E) A plan to ensure that any new border security 
                assets will be operationally integrated with assets in 
                use by the Department of Homeland Security as of the 
                date of the enactment of this Act.
                    (F) A plan to eradicate the Carrizo cane plant, as 
                required under subsection (d).
                    (G) Lessons learned from Operation Jumpstart and 
                Operation Phalanx.
                    (H) A description of border security information 
                received from consultation with border community 
                stakeholders, including representatives from 
                agricultural and ranching organizations and business 
                and civic organizations along the northern or southern 
                border.
                    (I) A description of the staffing requirements for 
                all border security functions of the border security 
                components of the Department of Homeland Security.
                    (J) A prioritized list of research and development 
                objectives to enhance the security of the international 
                land and maritime borders of the United States.
                    (K) An assessment of the relationship between 
                border security operations and crossing times.
                    (L) Metrics required under subsections (h), (i), 
                (j), and (k).
                    (M) An integrated master schedule and cost 
                estimate, including lifecycle costs, for the activities 
                contained in such operational plan.
                    (N) A documented justification and rationale for 
                technology choices.
                    (O) Deployment locations.
                    (P) A timetable for procurement and deployment.
                    (Q) Estimates of operation and maintenance costs.
                    (R) An identification of any impediments to the 
                deployment of such technologies.
            (3) Classified assessment.--The assessment required to be 
        included in the report under paragraph (2)(A) may be submitted 
        in classified form, if the Secretary of Homeland Security 
        determines that such is appropriate.
            (4) Implementation.--
                    (A) In general.--The Secretary of Homeland Security 
                shall commence the implementation of the operational 
                plan under paragraph (1) not later than 30 days after 
                the submission to the appropriate congressional 
                committees of the report by the Comptroller General of 
                the United States under subparagraph (C).
                    (B) Comptroller general review.--Not later than 90 
                days after receiving the operational plan under 
                paragraph (1), the Comptroller General of the United 
                States shall submit to the appropriate congressional 
                committees and the BSVC a report on the operational 
                plan required under paragraph (1) and such 
                congressional justification.
    (g) Periodic Updates.--Not later than 180 days after the submission 
of each Quadrennial Homeland Security Review required under section 707 
of the Homeland Security Act of 2002 (6 U.S.C. 347) beginning with the 
first such Review that is due after the operational plan is submitted 
under subsection (f), the Secretary of Homeland Security shall submit 
to the appropriate congressional committees, the BSVC, and the 
Comptroller General of the United States an updated operational plan 
under paragraph (1) of subsection (f).
    (h) Metrics for Securing the Border Between Ports of Entry.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act and an annually thereafter, the Chief 
        of the Border Patrol shall develop metrics, informed by 
        situational awareness, to measure the effectiveness of security 
        between ports of entry, which shall include, at a minimum, the 
        following:
                    (A) An unlawful border crossing effectiveness rate, 
                informed by situational awareness.
                    (B) A probability of detection that measures the 
                estimated total unlawful border crossing attempts not 
                detected by the Border Patrol against the unlawful 
                border crossing effectiveness rate referred to in 
                subparagraph (A).
                    (C) A weight-to-frequency rate which measures the 
                average weight of marijuana seized per seizure by the 
                Border Patrol in any fiscal year compared to such a 
                weight-to-frequency rate for the immediately preceding 
                five fiscal years.
                    (D) A situational awareness achievement metric that 
                measures the amount of situational awareness achieved 
                in each Border Patrol sector.
                    (E) An illicit drugs seizure rate which measures 
                the amount and type of illicit drugs seized by the 
                Border Patrol in any fiscal year compared to an average 
                of the amount and type of illicit drugs seized by the 
                Border Patrol for the immediately preceding five fiscal 
                years.
                    (F) In consultation the Office of National Drug 
                Control Policy and the United States Southern Command, 
                a cocaine seizure effectiveness rate measured as a 
                percentage that results from dividing the amount of 
                cocaine seized by the Border Patrol by the total 
                documented cocaine flow rate between ports of entry 
                along the southern land border.
                    (G) Estimates, using alternative methodologies, 
                including recidivism data, survey data, known-flow 
                data, and technologically measured data, of total 
                attempted unlawful border crossings, the rate of 
                apprehension of attempted unlawful border crossers, and 
                the inflow into the United States of unlawful border 
                crossers who evade apprehension.
                    (H) Estimates of the impact of the Border Patrol's 
                Consequence Delivery System on the rate of recidivism 
                of unlawful border crossers.
            (2) Metrics consultation.--In developing the metrics 
        required under paragraph (1), the Chief of the Border Patrol 
        shall consult with staff members of the Office of Policy at the 
        Department of Homeland Security and staff members of the Office 
        of the Chief Financial Officer of the Department of Homeland 
        Security. Such staff members may not be political appointees.
            (3) Metrics not reviewable.--The metrics required under 
        paragraph (1) may not be reviewed or otherwise amended by the 
        President, any staff employed by the Executive Office of the 
        President, the Secretary of Homeland Security, the Deputy 
        Secretary of Homeland Security, the Commissioner of U.S. 
        Customs and Border Protection, or the Deputy Commissioner of 
        U.S. Customs and Border Protection before the submission of 
        such metrics to the appropriate congressional committees, the 
        BSVC, and Comptroller General of the United States, as required 
        under subsection (m). The prohibition described in this 
        paragraph does not apply to the Office of National Drug Control 
        Policy.
    (i) Metrics for Securing the Border at Ports of Entry.--
            (1)  In general.--Not later than 120 days after the date of 
        the enactment of this Act and annually thereafter, the 
        Assistant Commissioner for the Office of Field Operations in 
        U.S. Customs and Border Protection shall develop metrics, 
        informed by situational awareness, to measure the effectiveness 
        of security at ports of entry, which shall include, at a 
        minimum, the following:
                    (A) An inadmissible border crossing rate which 
                measures the number of known inadmissible border 
                crossers who are denied entry, excluding those border 
                crossers who voluntarily withdraw their applications 
                for admission, divided by the total estimated number of 
                inadmissible border crossers who attempt entry.
                    (B) An illicit drugs seizure rate which measures 
                the amount and type of illicit drugs seized by the 
                Office of Field Operations of U.S. Customs and Border 
                Protection in any fiscal year compared to an average of 
                the amount and type of illicit drugs seized by U.S. 
                Customs and Border Protection for the immediately 
                preceding five fiscal years.
                    (C) In consultation with the Office of National 
                Drug Control Policy and the United States Southern 
                Command, a cocaine seizure effectiveness rate measured 
                as a percentage that results from dividing the amount 
                of cocaine seized by the Office of Field Operations of 
                U.S. Customs and Border Protection by the total 
                documented cocaine flow rate at ports of entry along 
                the southern land border.
                    (D) Estimates, using alternative methodologies, 
                including survey data and randomized secondary 
                screening data, of total attempted inadmissible border 
                crossers, the rate of apprehension of attempted 
                inadmissible border crossers, and the inflow into the 
                United States of inadmissible border crossers who evade 
                apprehension.
                    (E) The number of infractions related to personnel 
                and cargo committed by major violators who are 
                apprehended by the Office of Field Operations of U.S. 
                Customs and Border Protection at ports of entry, and 
                the estimated number of such infractions committed by 
                major violators who are not apprehended.
                    (F) A measurement of how border security operations 
                affect crossing times.
            (2) Metrics consultation.--In developing the metrics 
        required under paragraph (1), the Assistant Commissioner for 
        the Office of Field Operations shall consult with staff members 
        of the Office of Policy at the Department of Homeland Security 
        and staff members of the Office of the Chief Financial Officer 
        of the Department of Homeland Security. Such staff members may 
        not be political appointees.
            (3) Metrics not reviewable.--The metrics required under 
        paragraph (1) may not be reviewed or otherwise amended by the 
        President, any staff employed by the Executive Office of the 
        President, the Secretary of Homeland Security, the Deputy 
        Secretary of Homeland Security, the Commissioner of U.S. 
        Customs and Border Protection, or the Deputy Commissioner of 
        U.S. Customs and Border Protection before the submission of 
        such metrics to the appropriate congressional committees, the 
        BSVC, and the Comptroller General of the United States, as 
        required under subsection (m). The prohibition described in 
        this paragraph does not apply to the Office of National Drug 
        Control Policy.
    (j) Metrics for Securing the Maritime Border.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act and annually thereafter, the 
        Commandant of the United States Coast Guard and the Assistant 
        Commissioner for the Office of Air and Marine for U.S. Customs 
        and Border Protection shall jointly implement metrics, informed 
        by situational awareness, to measure the effectiveness of 
        security in the maritime environment, which shall include, at a 
        minimum, the following:
                    (A) An estimate of the total number of undocumented 
                migrants the Department of Homeland Security's maritime 
                security components fail to interdict.
                    (B) An undocumented migrant interdiction rate which 
                measures the flow of undocumented migrants interdicted 
                against the total estimated number of undocumented 
                migrants the Department of Homeland Security's maritime 
                security components fail to interdict.
                    (C) An illicit drugs removal rate which measures 
                the amount and type of illicit drugs removed by the 
                Department of Homeland Security's maritime security 
                components inside a transit zone in any fiscal year 
                compared to an average of the amount and type of 
                illicit drugs removed by the Department of Homeland 
                Security's maritime security components inside a 
                transit zone for the immediately preceding five fiscal 
                years.
                    (D) An illicit drugs removal rate which measures 
                the amount and type of illicit drugs removed by the 
                Department of Homeland Security's maritime security 
                components outside a transit zone in any fiscal year 
                compared to an average of the amount and type of 
                illicit drugs removed by the Department of Homeland 
                Security's maritime security components outside a 
                transit zone for the immediately preceding five fiscal 
                years.
                    (E) A cocaine removal effectiveness rate inside a 
                transit zone.
                    (F) A cocaine removal effectiveness rate outside a 
                transit zone.
                    (G) A response rate which measures the ability of 
                the maritime security components of the Department of 
                Homeland Security to respond to and resolve known 
                maritime threats, both inside and outside a transit 
                zone, by placing assets on-scene, compared to the total 
                number of events with respect to which the Department 
                has known threat information.
            (2) Metrics consultation.--In developing the metrics 
        required under paragraph (1), the Commandant of the Coast Guard 
        and the Assistant Commissioner for Air and Marine shall consult 
        with staff members of the Office of Policy at the Department of 
        Homeland Security and staff members of the Office of the Chief 
        Financial Officer of the Department of Homeland Security. Such 
        staff members may not be political appointees.
            (3) Metrics not reviewable.--The metrics required under 
        paragraph (1) may not be reviewed or otherwise amended by the 
        President, any staff employed by the Executive Office of the 
        President, the Secretary of Homeland Security, the Deputy 
        Secretary of Homeland Security, the Commissioner of U.S. 
        Customs and Border Protection, or the Deputy Commissioner of 
        U.S. Customs and Border Protection before the submission of 
        such metrics to the appropriate congressional committees, the 
        BSVC, and the Comptroller General of the United States, as 
        required under subsection (m). The prohibition described in 
        this paragraph does not apply to the Office of National Drug 
        Control Policy.
    (k) Air and Marine Security Metrics in the Land Domain.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act and annually thereafter, the 
        Assistant Commissioner for the Office of Air and Marine for 
        U.S. Customs and Border Protection shall implement metrics, 
        informed by situational awareness, to measure the effectiveness 
        of security in the aviation environment, which shall include, 
        at a minimum, the following:
                    (A) A requirement effectiveness rate which measures 
                U.S. Customs and Border Protection's Office of Air and 
                Marine flight hours requirements against the number of 
                flight hours actually flown by such Office.
                    (B) A funded flight hours effectiveness rate which 
                measures the number of funded flight hours appropriated 
                to U.S. Customs and Border Protection's Office of Air 
                and Marine against the number of actual flight hours 
                flown by such Office.
                    (C) A readiness rate which measures the number of 
                aviation missions flown by U.S. Customs and Border 
                Protection's Office of Air and Marine against the 
                number of aviation missions cancelled by such Office 
                due to weather, maintenance, operations, or other 
                causes.
                    (D) The number of subjects detected by U.S. Customs 
                and Border Protection's Office of Air and Marine 
                through the use of unmanned aerial systems.
                    (E) The number of apprehensions assisted by U.S. 
                Customs and Border Protection's Office of Air and 
                Marine through the use of unmanned aerial systems.
                    (F) The number and quantity of illicit drug 
                seizures assisted by U.S. Customs and Border 
                Protection's Office of Air and Marine through the use 
                of unmanned aerial systems.
            (2) Metrics consultation.--In developing the metrics 
        required under paragraph (1), the Assistant Commissioner for 
        Air and Marine shall consult with staff members of the Office 
        of Policy at the Department of Homeland Security and staff 
        members of the Office of the Chief Financial Officer of the 
        Department of Homeland Security. Such staff members may not be 
        political appointees.
            (3) Metrics not reviewable.--The metrics required under 
        paragraph (1) may not be reviewed or otherwise amended by the 
        President, any staff employed by the Executive Office of the 
        President, the Secretary of Homeland Security, the Deputy 
        Secretary of Homeland Security, the Commissioner of U.S. 
        Customs and Border Protection, or the Deputy Commissioner of 
        U.S. Customs and Border Protection before the submission to the 
        appropriate congressional committees, the BSVC, and the 
        Comptroller General of the United States, as required under 
        subsection (m). The prohibition described in this paragraph 
        does not apply to the Office of National Drug Control Policy.
    (l) Penalties for Failure To Submit Metrics.--
            (1) In general.--If any of the officials referred to in 
        subsection (h), (i), (j), or (k) fail to meet any of the 
        deadlines required under any of such subsections, no political 
        appointee of the Department of Homeland Security may perform 
        any function described in paragraph (2) until all such 
        officials have meet all of such deadlines.
            (2) Functions described.--The functions described in this 
        paragraph are the following:
                    (A) Travel using Government aircraft.
                    (B) Receipt of any non-essential training.
                    (C) Receipt of bonus pay, excluding overtime pay.
                    (D) Receipt of any salary increase.
    (m) Evaluation by the Government Accountability Office.--
            (1) In general.--The metrics required under subsections 
        (h), (i), (j), and (k) shall be made available to the 
        appropriate congressional committees, the BSVC, and the 
        Comptroller General of the United States, together with the 
        data and methodology used to develop such metrics.
            (2) Report.--Not later than 270 days after receiving the 
        data and methodology referred to in paragraph (1), the 
        Comptroller General of the United States shall submit to the 
        appropriate congressional committees and the BSVC a report on 
        the suitability and statistical validity of such data and 
        methodology, and shall make recommendations to the Secretary of 
        Homeland Security for other suitable metrics that may be used 
        to measure the effectiveness of border security. Such report 
        shall inform the BSVC in reviewing the notifications required 
        under subsection (n)(2).
    (n) BSVC Certification of Metrics and Operational Control.--
            (1) Secretary of homeland security notifications.--
                    (A) Two years.--If the Secretary of Homeland 
                Security determines that situational awareness and 
                operational control of high traffic areas have been 
                achieved by the date that is not later than two years 
                after the date of the enactment of this Act, the 
                Secretary shall, under penalty of perjury, submit to 
                the appropriate congressional committees and the BSVC a 
                notification that so attests.
                    (B) Five years.--If the Secretary of Homeland 
                Security determines that operational control along the 
                southern land border of the United States has been 
                achieved by the date that is not later than five years 
                after the date of the enactment of this Act, the 
                Secretary shall, under penalty of perjury, submit to 
                the appropriate congressional committees and the BSVC a 
                notification that so attests.
                    (C) Annual updates.--Every year beginning with the 
                year after the Secretary of Homeland Security submits 
                the notification under subparagraph (B), if the 
                Secretary determines that operational control along the 
                southern land border of the United States is being 
                maintained, the Secretary shall submit to the 
                appropriate congressional committees and the BSVC a 
                notification that so attests.
            (2) BSVC certification.--
                    (A) Operational control reviews.--The BSVC shall 
                review the notifications of the Secretary of Homeland 
                Security under subparagraphs (A), (B), and (C) of 
                paragraph (1) to assess such notifications relating to 
                the achievement of situational awareness, operational 
                control, or both, as the case may be, in accordance 
                with such subparagraphs.
                    (B) Review of metrics.--Beginning with the second 
                annual submission of each of the metrics required under 
                subsection (m) and pursuant to subsections (h), (i), 
                (j), and (k) and annually thereafter until the 
                termination of the BSVC under section 4(q), the BSVC 
                shall review such metrics to assess the statistical 
                validity and methodology of the data used to implement 
                such metrics.
                    (C) Reports.--
                            (i) Operational control.--Not later than 
                        120 days after conducting a review described in 
                        subparagraph (A), the BSVC shall submit to the 
                        appropriate congressional committees a report 
                        on the results of each such review and a 
                        certification of the accuracy of the 
                        notification reviewed, in accordance with 
                        subparagraph (D).
                            (ii) Operational control not achieved.--If 
                        the BSVC determines that any notification 
                        required under subparagraph (A), (B), or (C) of 
                        paragraph (1) is not accurate, the BSVC shall 
                        include in the report under clause (i) an 
                        explanation of why situational awareness, 
                        operational control, or both, as the case may 
                        be, was not achieved. Such explanation shall 
                        include, at a minimum--
                                    (I) impediments incurred;
                                    (II) potential remedies; and
                                    (III) recommendations to achieve 
                                situational awareness, operational 
                                control, or both, as the case may be.
                            (iii) Metrics.--Not later than 120 days 
                        after conducting a review described in 
                        subparagraph (B), the BSVC shall submit to the 
                        appropriate congressional committees a report 
                        on the results of each such review and a 
                        determination of the accuracy of the metrics 
                        implemented under subsections (h), (i), (j), 
                        and (k).
                    (D) Operational control certification.--
                            (i) In general.--For purposes of 
                        subparagraph (C)(i), the BSVC shall certify the 
                        accuracy of a notification of the Secretary if 
                        four members of the BSVC vote that such 
                        certification is accurate.
                            (ii) Public voting.--A vote referred to 
                        under clause (i) shall be conducted in public.
                            (iii) Consultation.--Before conducting a 
                        vote referred to in clause (i), the BSVC shall 
                        consult with the governors of each southern 
                        border State, representatives of the National 
                        Border Patrol Council, and relevant State and 
                        local government agencies that have 
                        jurisdiction on the southern border.
                    (E) Metrics determination.--For purposes of 
                subparagraph (C)(iii), the BSVC shall concur in the 
                accuracy of the metrics required under subsections (h), 
                (i), (j), and (k) if four members of the BSVC vote that 
                such certification is accurate.
    (o) Failure To Achieve Operational Control.--
            (1) Penalties.--
                    (A) In general.--If the Secretary of Homeland 
                Security determines that situational awareness, 
                operational control, or both, as the case may be, has 
                not been achieved by the dates referred to in 
                subsection (n)(1) (and thus fails to submit a 
                notification to the BSVC), or if the BSVC determines 
                pursuant to subsection (n)(2) that the Secretary has 
                failed to achieve situational awareness and operational 
                control of high traffic areas or has failed to achieve 
                operational control along the southern border by such 
                respective dates, no political appointee of the 
                Department of Homeland Security may perform any 
                function described in subparagraph (B) until the BSVC 
                certifies that the Secretary has achieved such 
                situational awareness, operational control, or both, as 
                the case may be.
                    (B) Functions described.--The functions described 
                in this subparagraph are each of the following:
                            (i) Travel using Government aircraft.
                            (ii) Receipt of any non-essential training, 
                        including conferences.
                            (iii) Receipt of bonus pay, excluding 
                        overtime pay.
                            (iv) Receipt of any salary increase.
            (2) National security exception.--The Secretary of Homeland 
        Security may waive the travel prohibition in paragraph 
        (1)(B)(i) if the Secretary determines and notifies the 
        appropriate congressional committees that--
                    (A) such a waiver is in the national security 
                interests of the United States; or
                    (B) such travel is being carried out to achieve 
                operational control of the southern border of the 
                United States.
            (3) Further action required.--If the Secretary of Homeland 
        Security determines that situation awareness, operational 
        control, or both, as the case may be, has not been achieved by 
        the dates referred to in subsection (n)(1) (and thus fails to 
        submit a notification to the BSVC), or if the BSVC determines 
        pursuant to subsection (n)(2) that the Secretary has failed to 
        achieve situational awareness and operational control of high 
        traffic areas or fails to achieve operational control along the 
        southern border by such respective dates, the Secretary of 
        Homeland Security shall, within 180 days, submit to the 
        appropriate congressional committees and the BSVC and implement 
        a revised plan to achieve situational awareness, operational 
        control, or both, as the case may be, that adopts the 
        recommendations of the BSVC referred to in subsection 
        (n)(2)(C)(ii)(III).
    (p) Reports.--Not later than 60 days after the date of the 
enactment of this Act and annually thereafter, the Secretary of 
Homeland Security shall submit to the appropriate congressional 
committees a report that includes each of the following:
            (1) A resource allocation model for current and future year 
        staffing requirements that includes optimal staffing levels at 
        all land, air, and sea ports of entry, and an explanation of 
        U.S. Customs and Border Protection methodology for aligning 
        staffing levels and workload to threats and vulnerabilities and 
        their effects on cross border trade and passenger travel across 
        all mission areas.
            (2) Detailed information on the level of manpower available 
        at all land, air, and sea ports of entry and between ports of 
        entry, including the number of canine and agricultural 
        specialists assigned to each such port of entry.
            (3) Detailed information describing the difference between 
        the staffing the model suggests and the actual staffing at each 
        port of entry and between the ports of entry.
            (4) Monthly per passenger wait times, including data on per 
        passenger processing wait times at all land, air, and sea ports 
        of entry.
            (5) A description of the infrastructure, security 
        resources, and other measures that are necessary to achieve 
        substantial reductions in the average wait times of vehicles at 
        land border ports of entry.

SEC. 4. ESTABLISHMENT OF BORDER SECURITY VERIFICATION COMMISSION.

    (a) In General.--There is established a Border Security 
Verification Commission (in this Act referred to as the ``BSVC'').
    (b) Purpose.--The BSVC shall certify the accuracy of the 
notifications regarding situational awareness and operational control 
required from the Secretary pursuant to section 3(n).
    (c) Composition.--The BSVC shall be composed of--
            (1) the head of a national laboratory within the Department 
        of Homeland Security laboratory network with prior expertise in 
        border security, appointed by the President, in coordination 
        with the Speaker and minority leader of the House of 
        Representatives and the majority and minority leaders of the 
        Senate;
            (2) the head of a border security university-based center 
        within the Department of Homeland Security Centers of 
        Excellence network, appointed by the President, in coordination 
        with the Speaker and minority leader of the House of 
        Representatives and the majority and minority leaders of the 
        Senate; and
            (3) three individuals, appointed by the President, based on 
        the recommendations of the special congressional commission on 
        border security established pursuant to subsection (d).
    (d) Special Congressional Commission on Border Security.--
            (1) Establishment.--There is established a special 
        congressional commission on border security (in this subsection 
        referred to as the ``commission''). The commission shall 
        determine the criteria for making recommendations for the 
        individuals to be appointed by the President under subsection 
        (c)(3), and shall recommend not more than five individuals for 
        such appointments. The commission shall consist of--
                    (A) the Speaker and minority leader of the House of 
                Representatives;
                    (B) the majority and minority leaders of the 
                Senate;
                    (C) the chairman and ranking member of the 
                Committee on Homeland Security of the House of 
                Representatives; and
                    (D) the chairman and ranking member of the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate.
            (2) Voting procedures.--
                    (A) In general.--The commission may make a 
                recommendation to the President concerning an 
                individual referred to in subsection (c)(3) only if 
                such recommendation is approved by a majority vote of 
                the full membership of the commission.
                    (B) Tie vote.--In the event of a tie vote of the 
                commission during its consideration of whether or not 
                to recommend an individual to the President under 
                paragraph (1), the Speaker of the House of 
                Representatives shall cast the deciding vote.
    (e) Qualifications.--The individuals referred to in subsection 
(c)(3) shall have a minimum of five years professional experience in 
law enforcement and border security.
    (f) Chair.--The BSVC shall be chaired by the individual referred to 
in subsection (c)(1).
    (g) Appointment.--The members of the BSVC shall be appointed not 
later than 60 days after the date of the enactment of this Act.
    (h) Prohibition on Compensation.--Members of the BSVC may not 
receive pay, allowances, or benefits from the Federal Government by 
reason of their service on the BSVC.
    (i) Prohibition on Certain Membership.--Members of the BSVC may not 
be current Federal employees or current Members of Congress.
    (j) Security Clearances.--A member or employee of the BSVC shall 
receive an appropriate security clearance, as determined by the BSVC in 
consultation with the Secretary of Homeland Security, that is 
commensurate with the sensitivity of the classified information to 
which such member or employee will be given access by reason of 
membership in or employment by the BSVC.
    (k) Meetings.--The BSVC shall meet on the call of the chairperson. 
The BSVC shall meet and begin operations not later than 180 days after 
the date of the enactment of this Act.
    (l) Public Hearings.--
            (1) In general.--The BSVC shall hold not fewer than two 
        public hearings each calendar year.
            (2) Witness testimony.--In holding the hearings required 
        under paragraph (1), the BSVC shall request the public 
        testimony of Federal, State, and local officials, and any 
        private citizen or organization the BSVC determines is relevant 
        to carrying out its mission.
    (m) Quorum.--Four members of the BSVC shall constitute a quorum to 
conduct business, but the BSVC may establish a lesser quorum for 
conducting hearings scheduled by the BSVC.
    (n) Rules.--The BSVC may establish by majority vote any other rules 
for the conduct of business, if such rules are not inconsistent with 
this Act.
    (o) Vacancies.--Any vacancy in the membership of the BSVC shall be 
filled within 60 days and in the same manner as the original 
appointment.
    (p) Personnel Matters.--
            (1) Travel expenses.--The members of the BSVC shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of service for the BSVC.
            (2) Detail of federal employees.--With the affirmative vote 
        of four of the members of the BSVC, any Federal Government 
        employee, with the approval of the head of the appropriate 
        Federal agency or congressional office, may be detailed to the 
        BSVC without reimbursement, and such detail shall be without 
        interruption or loss of civil service status, salary, benefits, 
        or privileges.
            (3) Office space and assistance.--Upon the request of the 
        BSVC, the Secretary of Homeland Security shall provide 
        reasonable and appropriate office space, supplies, and 
        administrative assistance.
    (q) Termination.--The BSVC shall terminate after determining the 
accuracy of the seventh annual metrics submission required under 
subsection (n)(2) of section 3.

SEC. 5. REQUIRED CONSEQUENCE.

    The Chief of the Border Patrol shall impose a consequence for each 
alien apprehended pursuant to the Border Patrol's Consequence Delivery 
System.

SEC. 6. TACTICAL FLEXIBILITY.

    The Chief of the Border Patrol may alter the capability deployment 
referred to in subsection (b) of section 3 if the Chief determines, 
after consultation with the appropriate congressional committees, that 
the principal border security threats referred to in subsection 
(f)(2)(A) of such section require such alteration.

SEC. 7. DEPLOYMENT OF CERTAIN AVIATION ASSETS TO THE SOUTHERN LAND 
              BORDER.

    (a) In General.--The Secretary of Defense, in collaboration with 
the Secretary of Homeland Security, may allocate additional aviation 
assets of the Department of Defense to the southern land border of the 
United States to assist the Secretary of Homeland Security in achieving 
situational awareness and operational control in accordance with 
section 3(a).
    (b) Additional Requirements.--
            (1) Plan.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit to the appropriate congressional committees and the BSVC 
        a plan for the Department of Homeland Security to acquire and 
        deploy aviation capabilities of the Department along the 
        southern land border of the United States.
            (2) DHS deployment.--Not later than 180 days after the 
        submission of the plan under paragraph (1), the Secretary of 
        Homeland Security shall begin acquiring and deploying to the 
        southern land border of the United States aviation capabilities 
        of the Department of Homeland Security acquired in accordance 
        with such plan.

SEC. 8. U.S. CUSTOMS AND BORDER PROTECTION OFFICER AND AGENT 
              AUTHORIZATION.

    (a) Border Patrol.--The Border Patrol shall maintain an active duty 
presence of not fewer than 21,370 full time equivalent agents.
    (b) Office of Field Operations.--The Office of Field Operations of 
U.S. Customs and Border Protection shall maintain not fewer than 23,775 
full time equivalent officers.
    (c) Office of Air and Marine.--The Office of Air and Marine of U.S. 
Customs and Border Protection shall maintain not fewer than 1,675 full 
time equivalent agents.

SEC. 9. OFFICE OF AIR AND MARINE FLIGHT HOURS.

    (a) Increased Flight Hours.--The Secretary of Homeland Security 
shall ensure not fewer than 130,000 annual flight hours of the Office 
of Air and Marine of U.S. Customs and Border Protection.
    (b) Unmanned Aerial Systems.--The Office of Air and Marine of U.S. 
Customs and Border Protection shall operate unmanned aerial systems not 
less than 16 hours per day, seven days per week.

SEC. 10. AIR AND MARINE PRIORITIZATION.

    The Assistant Commissioner for the Office of Air and Marine of U.S. 
Customs and Border Protection shall assign the greatest prioritization 
to support requests from the Chief of the Border Patrol to carry out 
the requirements of section 3(a).

SEC. 11. BORDER PATROL FLEXIBILITY.

    (a) Transfer.--The Chief of the Border Patrol may transfer Border 
Patrol agents, on a voluntary basis, to high traffic areas, as 
determined by the Chief.
    (b) Incentive Bonus.--At the discretion of the Chief of the Border 
Patrol, a Border Patrol agent may be eligible for an incentive bonus 
for any transfer carried out pursuant to subsection (a) if the Chief 
determines that such transfer is critical to the risk-based approach of 
the Border Patrol to patrolling the international borders of the United 
States.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for each fiscal 
year.

SEC. 12. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN 
              FEDERAL LAND.

    (a) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not 
impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on Federal land located within 100 miles of the United 
States border with Mexico that is under the jurisdiction of the 
Secretary of the Interior or the Secretary of Agriculture, to execute 
search and rescue operations, and to prevent all unlawful entries into 
the United States, including entries by terrorists, other unlawful 
aliens, instruments of terrorism, narcotics, and other contraband 
through such international border. These authorities of U.S. Customs 
and Border Protection on such Federal land apply whether or not a state 
of emergency exists.
    (b) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to 
Federal land within 100 miles of the United States border with Mexico 
that is under the jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture for purposes of conducting the following 
activities on such land to prevent all unlawful entries into the United 
States, including entries by terrorists, other unlawful aliens, 
instruments of terrorism, narcotics, and other contraband through such 
international border:
            (1) Construction and maintenance of roads.
            (2) Construction and maintenance of barriers.
            (3) Use of vehicles to patrol, apprehend, or rescue.
            (4) Installation, maintenance, and operation of 
        communications and surveillance equipment and sensors.
            (5) Deployment of temporary tactical infrastructure.
    (c) Clarification Relating to Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of law 
        (including any termination date relating to the waiver referred 
        to in this subsection), the waiver by the Secretary of Homeland 
        Security on April 1, 2008, under section 102(c)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
        described in paragraph (2) with respect to certain sections of 
        the international border between the United States and Mexico 
        shall be considered to apply to all Federal land under the 
        jurisdiction of the Secretary of the Interior or the Secretary 
        of Agriculture within 100 miles of such international border 
        for the activities of U.S. Customs and Border Protection 
        described in subsection (b).
            (2) Description of laws waived.--The laws referred to in 
        paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 
        et seq.), the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), the National Historic Preservation Act 
        (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et 
        seq.), the Act of June 8, 1906 (commonly known as the 
        ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild 
        and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
        seq.), the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 
        1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), subchapter II of 
        chapter 5, and chapter 7, of title 5, United States Code 
        (commonly known as the ``Administrative Procedure Act''), the 
        National Park Service Organic Act (16 U.S.C. 1 et seq.), the 
        General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C. 
        1a-1 et seq.), sections 401(7), 403, and 404 of the National 
        Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 
        3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
        1132 note; Public Law 101-628).
    (d) Protection of Legal Uses.--This section may not be construed to 
provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or public-use recreational and backcountry 
        airstrips on land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture; or
            (2) any additional authority to restrict legal access to 
        such land.
    (e) Effect on State and Private Land.--This section shall--
            (1) have no force or effect on State or private lands; and
            (2) not provide authority on or access to State or private 
        lands.
    (f) Tribal Sovereignty.--Nothing in this section supersedes, 
replaces, negates, or diminishes treaties or other agreements between 
the United States and Indian tribes.

SEC. 13. BIOMETRIC EXIT DATA SYSTEM.

    (a) Establishment.--The Secretary of Homeland Security shall--
            (1) not later than 180 days after the date of the enactment 
        of this Act, submit to the appropriate congressional committees 
        an implementation plan to establish a biometric exit data 
        system to complete the integrated biometric entry and exit data 
        system required under section 7208 of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 
        including--
                    (A) an integrated master schedule and cost 
                estimate, including requirements and design, 
                development, operational, and maintenance costs, of 
                such a system that takes into account prior reports on 
                such matters issued by the Government Accountability 
                Office and the Department of Homeland Security;
                    (B) cost-effective staffing and personnel 
                requirements of such a system that leverages existing 
                resources of the Department of Homeland Security that 
                takes into account prior reports on such matters issued 
                by the Government Accountability Office and the 
                Department of Homeland Security;
                    (C) a consideration of training programs necessary 
                to establish such a system that takes into account 
                prior reports on such matters issued by the Government 
                Accountability Office and the Department of Homeland 
                Security;
                    (D) a consideration of how such a system will 
                affect wait times that takes into account prior reports 
                on such matter issued by the Government Accountability 
                Office and the Department of Homeland Security;
                    (E) information received after consultation with 
                private sector stakeholders, including--
                            (i) the trucking industry;
                            (ii) the airport industry;
                            (iii) the airline industry;
                            (iv) the seaport industry;
                            (v) the travel industry; and
                            (vi) the biometric technology industry;
                    (F) a consideration of how trusted traveler 
                programs in existence as of the date of the enactment 
                of this Act may be impacted by, or incorporated into, 
                such a system;
                    (G) defined metrics of success and milestones;
                    (H) identified risks and mitigation strategies to 
                address such risks; and
                    (I) a consideration of how other countries have 
                implemented a biometric exit data system; and
            (2) not later than two years after the date of the 
        enactment of this Act, establish a biometric exit data system 
        at--
                    (A) the 15 United States airports that support the 
                highest volume of international air travel, as 
                determined by available Federal flight data;
                    (B) the 15 United States seaports that support the 
                highest volume of international sea travel, as 
                determined by available Federal travel data; and
                    (C) the 15 United States land ports of entry that 
                support the highest volume of pedestrian crossings, as 
                determined by available Federal border crossing data.
    (b) Implementation.--
            (1) Pilot program at land ports of entry for non-pedestrian 
        outbound traffic.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        in collaboration with industry stakeholders, shall establish a 
        six-month pilot program to test the biometric exit data system 
        referred to in subsection (a)(2) on non-pedestrian outbound 
        traffic at not fewer than three land ports of entry with 
        significant cross-border traffic, including at not fewer than 
        two land ports of entry on the southern border and at least one 
        land port of entry on the northern border. Such pilot program 
        may include a consideration of more than one biometric mode, 
        and shall be implemented to determine the following:
                    (A) How a nationwide implementation of such 
                biometric exit data system at land ports of entry shall 
                be carried out.
                    (B) The infrastructure required to carry out 
                subparagraph (A).
                    (C) The effects of such pilot program on legitimate 
                travel and trade.
                    (D) The effects of such pilot program on wait 
                times, including processing times, for such non-
                pedestrian traffic.
                    (E) Its effectiveness in combating terrorism.
            (2) At land ports of entry for non-pedestrian outbound 
        traffic.--
                    (A) In general.--Not later than five years after 
                the date of the enactment of this Act, the Secretary of 
                Homeland Security shall expand the biometric exit data 
                system referred to in subsection (a)(2) to all land 
                ports of entry, and such system shall apply only in the 
                case of non-pedestrian outbound traffic.
                    (B) Extension.--The Secretary of Homeland Security 
                may extend by two years the initial date specified in 
                subparagraph (A), and may renew such extension for a 
                single additional two-year period, if the Secretary 
                certifies to the appropriate congressional committees 
                that the 15 land ports of entry that support the 
                highest volume of passenger vehicles, as determined by 
                available Federal data, do not have the physical 
                infrastructure or characteristics to install the 
                systems necessary to implement a biometric exit data 
                system.
            (3) At air and sea ports of entry.--Not later than five 
        years after the date of the enactment of this Act, the 
        Secretary of Homeland Security shall expand the biometric exit 
        data system referred to in subsection (a)(2) to all air and sea 
        ports of entry.
            (4) At land ports of entry for pedestrians.--Not later than 
        five years after the date of the enactment of this Act, the 
        Secretary of Homeland Security shall expand the biometric exit 
        data system referred to in subsection (a)(2) to all land ports 
        of entry, and such system shall apply only in the case of 
        pedestrians.
    (c) Effects on Air, Sea, and Land Transportation.--The Secretary of 
Homeland Security, in consultation with appropriate private sector 
stakeholders, shall ensure that the collection of biometric data under 
this section causes the least possible disruption to the movement of 
people or cargo in air, sea, or land transportation.
    (d) Termination of Proceeding.--Notwithstanding any other provision 
of law, the Secretary of Homeland Security shall, on the date of the 
enactment of this Act, terminate the proceeding entitled ``Collection 
of Alien Biometric Data Upon Exit From the United States at Air and Sea 
Ports of Departure'', issued on April 24, 2008 (73 C.F.R. 22065; DHS 
Docket No. 2008-0039).
    (e) Data-Matching.--The biometric exit data system established 
under this section shall--
            (1) require that the biometric data that is obtained for a 
        person upon entry to the United States is matched against the 
        biometric data of such person when such person exits the United 
        States;
            (2) leverage the infrastructure and databases of the 
        current entry system established pursuant to section 7208 of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 (8 
        U.S.C. 1365b) for the purpose described in paragraph (1); and
            (3) be interoperable with, and allow matching against, 
        other Federal databases that store biometrics of known or 
        suspected terrorists.
    (f) Scope.--
            (1) In general.--The biometric exit data system established 
        under this section shall include a requirement for the 
        collection of biometric exit data for all categories of 
        individuals who are required to provide biometric entry data.
            (2) Exception.--This section shall not apply in the case of 
        a citizen of the United States.
    (g) Collection of Data.--The Secretary of Homeland Security may not 
require any non-Federal person to collect biometric data pursuant to 
the biometric exit data system established under this section, except 
through a contractual agreement.
    (h) Multi-Modal Collection.--In carrying out subsections (a)(1) and 
(b), the Secretary of Homeland Security shall make every effort to 
collect biometric data using additional modes of biometric technology.
    (i) Penalties for Failure To Meet Deadlines.--
            (1) Biometric exit data system.--If the Secretary fails to 
        meet any of the following requirements by the applicable 
        deadline, no political appointee of the Department of Homeland 
        Security may perform any function described in paragraph (2) 
        until the Secretary has complied with the requirement:
                    (A) The submission of the implementation plan under 
                subsection (a)(1).
                    (B) The establishment of a biometric exit data 
                system under subsection (a)(2).
                    (C) The establishment a six-month pilot program to 
                test such biometric exit data system under subsection 
                (b)(1)(A).
                    (D) The expansion of such biometric exit data 
                system under subsection (b)(2)(A).
                    (E) Any extension of the deadline for such 
                expansion authorized by the Secretary under subsection 
                (b)(2)(B)(ii).
            (2) Functions described.--The functions described in this 
        subparagraph are each of the following:
                    (A) Travel using government aircraft.
                    (B) Receipt of any non-essential training.
                    (C) Receipt of bonus pay, excluding overtime pay.
                    (D) Receipt of any salary increase.

SEC. 14. NORTHERN BORDER THREAT ANALYSIS.

    (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees a northern border threat 
analysis. Such analysis, at a minimum, shall include the following:
            (1) An analysis of current and potential terrorism threats 
        posed by individuals seeking to enter the United States through 
        the northern border.
            (2) An analysis of improvements needed at ports of entry 
        along the northern border to prevent terrorists and instruments 
        of terror from entering the United States.
            (3) An analysis of gaps in law, policy, international 
        agreements, or tribal agreements that hinder the border 
        security and counter-terrorism efforts along the northern 
        border.
            (4) An analysis of unlawful cross border activity between 
        ports of entry, including the maritime borders of the Great 
        Lakes.
    (b) Classified Threat Analysis.--The threat analysis required under 
subsection (a) may be submitted in classified form, if the Secretary of 
Homeland Security determines that such is appropriate.

SEC. 15. OPERATION STONEGARDEN PROGRAM.

    (a) In General.--Title XX of the Homeland Security Act of 2002 (6 
U.S.C. 601 et seq.) is amended by adding the following new subtitle:

                   ``Subtitle C--Other Grant Programs

``SEC. 2031. OPERATION STONEGARDEN.

    ``(a) Establishment.--There is established in the Department a 
program to be known as `Operation Stonegarden'. Under such program, the 
Secretary, acting through the Administrator, shall make grants to 
eligible law enforcement agencies to enhance border security in 
accordance with this section.
    ``(b) Eligible Recipients.--To be eligible to receive a grant under 
this section, a law enforcement agency shall--
            ``(1) be located in--
                    ``(A) a State bordering either Canada or Mexico; or
                    ``(B) a State or territory with a maritime border; 
                and
            ``(2) be involved in an active ongoing U.S. Customs and 
        Border Protection operation coordinated through a sector 
        office.
    ``(c) Permitted Uses.--The recipient of a grant under this section 
may use the grant for any of the following activities:
            ``(1) Equipment, including maintenance and sustainment 
        costs.
            ``(2) Personnel, including overtime and backfill, in 
        support of enhanced border law enforcement activities.
            ``(3) Any activity permitted under the Department of 
        Homeland Security's Fiscal Year 2014 Funding Opportunity 
        Announcement for Operation Stonegarden.
            ``(4) Any other appropriate activity, as determined by the 
        Administrator.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated $110,000,000 for each of fiscal years 2015 through 2019 
for grants under this section.
    ``(e) Report.--The Administrator shall annually submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
a report containing information on the expenditure of grants made under 
this section by each grant recipient.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the items relating to subtitle B 
of title XX the following new items:

                   ``Subtitle C--Other Grant Programs

``Sec. 2031. Operation Stonegarden.''.

SEC. 16. SALE OR DONATION OF EXCESS PERSONAL PROPERTY FOR BORDER 
              SECURITY ACTIVITIES.

    Section 2576a of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(A), by striking ``counter-drug 
                and counter-terrorism activities'' and inserting 
                ``counterdrug, counterterrorism, and border security 
                activities''; and
                    (B) in paragraph (2), by striking ``the Attorney 
                General and the Director of National Drug Control 
                Policy'' and inserting ``the Attorney General, the 
                Director of National Drug Control Policy, and the 
                Secretary of Homeland Security, as appropriate.''; and
            (2) in subsection (d), by striking ``counter-drug or 
        counter-terrorism activities'' and inserting ``counterdrug, 
        counterterrorism, or border security activities''.

SEC. 17. REIMBURSEMENT OF STATES FOR DEPLOYMENT OF NATIONAL GUARD TO 
              THE SOUTHERN BORDER.

    (a) Reimbursement Authorized.--The Secretary of Defense shall 
reimburse States for the cost of the deployment of any units or 
personnel of the National Guard to perform operations and missions 
under State Active Duty status in support of a southern border mission.
    (b) Limitation.--The total amount of reimbursements under 
subsection (a) for any fiscal year may not exceed $35,000,000.

SEC. 18. DEFINITIONS.

    In this Act:
            (1) Advanced unattended surveillance sensors.--The term 
        ``advanced unattended surveillance sensors'' means sensors that 
        utilize an onboard computer to analyze detections in an effort 
        to discern between vehicles, humans, and animals, and 
        ultimately filter false positives prior to transmission.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.
            (3) Cocaine removal effectiveness rate.--The term ``cocaine 
        removal effectiveness rate'' means the percentage that results 
        from dividing the amount of cocaine removed by the Department 
        of Homeland Security's maritime security components inside or 
        outside a transit zone, as the case may be, by the total 
        documented cocaine flow rate as contained in Federal drug 
        databases.
            (4) Consequence delivery system.--The term ``Consequence 
        Delivery System'' means the series of consequences applied to 
        persons unlawfully entering the United States by the Border 
        Patrol to prevent unlawful border crossing recidivism.
            (5) Got away.--The term ``got away'' means an unlawful 
        border crosser who, after making an unlawful entry into the 
        United States, is not turned back or apprehended.
            (6) High traffic areas.--The term ``high traffic areas'' 
        means sectors along the northern and southern borders of the 
        United States that are within the responsibility of the Border 
        Patrol that have significant unlawful cross-border activity, 
        informed through situational awareness.
            (7) Unlawful border crossing effectiveness rate.--The term 
        ``unlawful border crossing effectiveness rate'' means the 
        percentage that results from dividing the number of 
        apprehensions and turn backs by the number of apprehensions, 
        turn backs, and got aways. The data used by the Secretary of 
        Homeland Security to determine such rate shall be collected and 
        reported in a consistent and standardized manner across all 
        Border Patrol sectors, informed by situational awareness.
            (8) Major violator.--The term ``major violator'' means a 
        person or entity that has engaged in serious criminal 
        activities at any land, air, or sea port of entry, including 
        possession of illicit drugs, smuggling of prohibited products, 
        human smuggling, weapons possession, use of fraudulent United 
        States documents, or other offenses serious enough to result in 
        arrest.
            (9) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
            (10) Situational awareness.--The term ``situational 
        awareness'' means knowledge and an understanding of current 
        unlawful cross-border activity, including cross-border threats 
        and trends concerning illicit trafficking and unlawful 
        crossings along the international borders of the United States, 
        the ability to forecast future shifts in such threats and 
        trends, and the operational capability to conduct continuous 
        and integrated surveillance of the international borders of the 
        United States.
            (11) Transit zone.--The term ``transit zone'' means the sea 
        corridors of the western Atlantic Ocean, the Gulf of Mexico, 
        the Caribbean Sea, and the eastern Pacific Ocean through which 
        undocumented migrants and illicit drugs transit, either 
        directly or indirectly, to the United States.
            (12) Turn back.--The term ``turn back'' means an unlawful 
        border crosser who, after making an unlawful entry into the 
        United States, returns to the country from which such crosser 
        entered.

SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for each of fiscal years 
2016 through 2025 $1,000,000,000 to carry out this Act and the 
amendments made by this Act.
                                 <all>
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